United States v. Bugh, No. 11-3691 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of being a felon in possession of a firearm and sentenced to 188 months imprisonment as an armed career criminal. The court affirmed and held that the evidence supported the jury's rejection of defendant's entrapment defense; the Government's conduct in this case represented an aggressive and persistent investigation, not outrageous conduct that shocked the conscience; the erased tapes at issue did not constitute a due process violation; and defendant's prior convictions, non-residential burglaries, constituted violent felonies.
Court Description: Criminal case - Criminal law and Sentencing. Evidence supported the jury's rejection of defendant's entrapment defense; government's conduct in the case represented an aggressive and persistent investigation and not the kind of outrageous conduct that shocks the conscience; even if the audio tapes destroyed by the police were potentially useful to defendant, he presented no evidence that the officer acted in bad faith or that the recordings were potentially exculpatory; district court did not err, in light of this court's precedents, in determining that defendant's burglary convictions were violent felonies under the Armed Career Criminal Act.
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